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Full Text of LIFE Act and LIFE Act Amendments

AILA Doc No. 00121901 | Dated December 19, 2000

The following two documents contain the full text of immigration provisions enacted by the 106th Congress as part of the end-of-session negotiations. The first document is the "LIFE Act", which was passed by Congress in November as part of the Commerce, State, Justice Apropriations bill, which is now being sent to the President for signature, and will be enacted. The second document is the "LIFE Act Amendments", which amend the LIFE Act and were passed by Congress on Friday, December 15, as part of the Omnibus Consolidated Appropriations bill, which also is on its way to the President. The two documents must be read together, and compared to the Immigration and Nationality Act, which they amend. The official cites for these texts is listed at the top of each document.

SEC. 1101. SHORT TITLE.
This title may be cited as--(1) the `Legal Immigration Family Equity Act'; or (2) the `LIFE Act'.

SEC. 1102. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA; PROVISIONS AFFECTING SUBSEQUENT ADJUSTMENT OF STATUS FOR SUCH NONIMMIGRANTS.

(a) IN GENERAL- Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--

(1) in subparagraph (T), by striking `or' at the end;
(2) in subparagraph (U), by striking the period at the end and inserting `;
or'; and
(3) by adding at the end the following:

`(V) subject to section 214(o), an alien who is the beneficiary (including a
child of the principal alien, if eligible to receive a visa under section
203(d)) of a petition to accord a status under section 203(a)(2)(A) that was
filed with the Attorney General under section 204 on or before the date of
the enactment of the Legal Immigration Family Equity Act, if--
`(i) such petition has been pending for 3 years or more; or
`(ii) such petition has been approved, 3 years or more have elapsed
since such filing date, and--
`(I) an immigrant visa is not immediately available to the
alien because of a waiting list of applicants for visas under
section 203(a)(2)(A); or
`(II) the alien's application for an immigrant visa, or the
alien's application for adjustment of status under section
245, pursuant to the approval of such petition, remains
pending.

(b) PROVISIONS AFFECTING NONIMMIGRANT STATUS- Section 214 of
the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the
end the following:

`(o)(1) In the case of a nonimmigrant described in section 101(a)(15)(V)--
`(A) the Attorney General shall authorize the alien to engage in
employment in the United States during the period of authorized
admission and shall provide the alien with an `employment authorized'
endorsement or other appropriate document signifying authorization of
employment; and
`(B) the period of authorized admission as such a nonimmigrant shall
terminate 30 days after the date on which any of the following is denied:
`(i) The petition filed under section 204 to accord the alien a status
under section 203(a)(2)(A) (or, in the case of a child granted
nonimmigrant status based on eligibility to receive a visa under
section 203(d), the petition filed to accord the child's parent a
status under section 203(a)(2)(A)).
`(ii) The alien's application for an immigrant visa pursuant to the
approval of such petition.
`(iii) The alien's application for adjustment of status under section
245 pursuant to the approval of such petition.
`(2) In determining whether an alien is eligible to be admitted to the United States
as a nonimmigrant under section 101(a)(15)(V), the grounds for inadmissibility
specified in section 212(a)(9)(B) shall not apply.
`(3) The status of an alien physically present in the United States may be adjusted
by the Attorney General, in the discretion of the Attorney General and under such
regulations as the Attorney General may prescribe, to that of a nonimmigrant
under section 101(a)(15)(V), if the alien--
`(A) applies for such adjustment;
`(B) satisfies the requirements of such section; and
`(C) is eligible to be admitted to the United States, except in determining
such admissibility, the grounds for inadmissibility specified in paragraphs
(6)(A), (7), and (9)(B) of section 212(a) shall not apply.'.

(c) PROVISIONS AFFECTING PERMANENT RESIDENT STATUS- Section
245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by
adding at the end the following:

`(m)(1) The status of a nonimmigrant described in section 101(a)(15)(V) who the
Attorney General determines was physically present in the United States at any
time during the period beginning on July 1, 2000, and ending on October 1, 2000,
may be adjusted by the Attorney General, in the discretion of the Attorney
General and under such regulations as the Attorney General may prescribe, to that
of an alien lawfully admitted for permanent residence, if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa and is admissible to
the United States for permanent residence, except in determining such
admissibility, the grounds for inadmissibility specified in paragraphs
(6)(A), (7), and (9)(B) of section 212(a) shall not apply; and
`(C) an immigrant visa is immediately available to the alien at the time the
alien's application is filed.
`(2) Paragraph (1) shall not apply to an alien who has failed (other than through
no fault of the alien or for technical reasons) to maintain continuously a lawful
status since obtaining the status of a nonimmigrant described in section
101(a)(15)(V).
`(3) Upon the approval of an application for adjustment made under paragraph
(1), the Attorney General shall record the alien's lawful admission for permanent
residence as of the date the order of the Attorney General approving the
application for the adjustment of status is made, and the Secretary of State shall
reduce by one the number of the preference visas authorized to be issued under
sections 202 and 203 within the class to which the alien is chargeable for the
fiscal year then current.
`(4) The Attorney General may accept an application for adjustment made under
paragraph (1) only if the alien remits with such application a sum equalling
$1,000, except that such sum shall not be required from an alien if it would not be
required from the alien if the alien were applying under subsection (i).
`(5) The sum specified in paragraph (4) shall be in addition to the fee normally
required for the processing of an application under this section.
`(6)(A) The portion of each application fee (not to exceed $200) that the Attorney
General determines is required to process an application under this subsection
shall be disposed of by the Attorney General as provided in subsections (m), (n),
and (o) of section 286.
`(B) One-half of any remaining portion of such fee shall be deposited by the
Attorney General into the Immigration Examination Fee Account established
under section 286(m), and one-half of any remaining portion of such fees shall be
deposited by the Attorney General into the Breached Bond/Detention Fund
established under section 286(r).
`(7) Nothing in this subsection shall be construed as precluding a nonimmigrant
described in section 101(a)(15)(V) who is eligible for adjustment of status under
subsection (a) from applying for and obtaining adjustment under such subsection.
In the case of such an application, the alien shall be required to remit only the fee
normally required for the processing of an application under subsection (a).'.

(d) CONFORMING AMENDMENTS-

(1) ADMISSION OF NONIMMIGRANTS- Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended, in each of
subsections (b) and (h), by striking `(H)(i) or (L)' and inserting `(H)(i),
(L), or (V)'.
(2) ADJUSTMENT OF STATUS- Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended--
(A) in each of subsections (d) and (f), by striking `under subsection
(a),' each place such term appears and inserting `under subsection
(a) or (m),'; and
(B) in subsection (e)(1), by striking `subsection (a).' and inserting
`subsection (a) or (m).'.

(e) EFFECTIVE DATE- The amendments made by this section shall take effect
on the date of the enactment of this Act and shall apply to an alien who is the
beneficiary of a classification petition filed under section 204 of the Immigration
and Nationality Act on or before the date of the enactment of this Act.

SEC. 1103. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF
CITIZENS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA.

(a) IN GENERAL- Section 101(a)(15)(K) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(K)) is amended to read as follows:

`(K) subject to subsections (d) and (p) of section 214, an alien who--
`(i) is the fiancee or fiance of a citizen of the United States and
who seeks to enter the United States solely to conclude a valid
marriage with the petitioner within ninety days after admission;
`(ii) has concluded a valid marriage with a citizen of the United
States who is the petitioner, is the beneficiary of a petition to
accord a status under section 201(b)(2)(A)(i) that was filed under
section 204 by the petitioner, and seeks to enter the United States
to await the approval of such petition and the availability to the
alien of an immigrant visa; or
`(iii) is the minor child of an alien described in clause (i) or (ii) and
is accompanying, or following to join, the alien;'.

(b) PROVISIONS AFFECTING NONIMMIGRANT STATUS

Section 214 of
the Immigration and Nationality Act (8 U.S.C. 1184), as amended by section 2 of
this Act, is further amended by adding at the end the following:

`(p)(1) A visa shall not be issued under the provisions of section 101(a)(15)(K)(ii)
until the consular officer has received a petition filed in the United States by the
spouse of the applying alien and approved by the Attorney General. The petition
shall be in such form and contain such information as the Attorney General shall,
by regulation, prescribe.
`(2) In the case of an alien seeking admission under section 101(a)(15)(K)(ii) who
concluded a marriage with a citizen of the United States outside the United States,
the alien shall be considered inadmissible under section 212(a)(7)(B) if the alien
is not at the time of application for admission in possession of a valid
nonimmigrant visa issued by a consular officer in the foreign state in which the
marriage was concluded.
`(3) In the case of a nonimmigrant described in section 101(a)(15)(K)(ii), and any
child of such a nonimmigrant who was admitted as accompanying, or following to
join, such a nonimmigrant, the period of authorized admission shall terminate 30
days after the date on which any of the following is denied:
`(A) The petition filed under section 204 to accord the principal alien
status under section 201(b)(2)(A)(i).
`(B) The principal alien's application for an immigrant visa pursuant to the
approval of such petition.
`(C) The principal alien's application for adjustment of status under
section 245 pursuant to the approval of such petition.'.

(c) CONFORMING AMENDMENTS-

(1) ADMISSION OF NONIMMIGRANTS- Section 214(d) of the
Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended by
striking `101(a)(15)(K)' and inserting `101(a)(15)(K)(i)'.
(2) CONDITIONAL PERMANENT RESIDENT STATUS- Section 216
of the Immigration and Nationality Act (8 U.S.C. 1186a) is amended, in
each of subsections (b)(1)(B) and (d)(1)(A)(ii), by striking `214(d)' and
inserting `subsection (d) or (p) of section 214'.
(3) ADJUSTMENT OF STATUS- Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended--
(A) in subsection (d), by striking `(relating to an alien fiancee or
fiance or the minor child of such alien)'; and
(B) in subsection (e)(3), by striking `214(d)' and inserting
`subsection (d) or (p) of section 214'.

(d) EFFECTIVE DATE- The amendments made by this section shall take effect
on the date of the enactment of this Act and shall apply to an alien who is the
beneficiary of a classification petition filed under section 204 of the Immigration
and Nationality Act before, on, or after the date of the enactment of this Act.

SEC. 1104. ADJUSTMENT OF STATUS OF CERTAIN CLASS ACTION
PARTICIPANTS WHO ENTERED BEFORE JANUARY 1, 1982, TO THAT OF
PERSON ADMITTED FOR LAWFUL RESIDENCE.

(a) IN GENERAL- In the case of an eligible alien described in subsection (b), the
provisions of section 245A of the Immigration and Nationality Act (8 U.S.C.
1255a), as modified by subsection (c), shall apply to the alien.

(b) ELIGIBLE ALIENS DESCRIBED- An alien is an eligible alien described in
this subsection if, before October 1, 2000, the alien filed with the Attorney
General a written claim for class membership, with or without a filing fee,
pursuant to a court order issued in the case of--

(c) MODIFICATIONS TO PROVISIONS GOVERNING ADJUSTMENT OF STATUS- The modifications to section 245A of the Immigration and Nationality
Act that apply to an eligible alien described in subsection (b) of this section are
the following:

(1) TEMPORARY RESIDENT STATUS- Subsection (a) of such section
245A shall not apply.
(2) ADJUSTMENT TO PERMANENT RESIDENT STATUS- In lieu of
paragraphs (1) and (2) of subsection (b) of such section 245A, the
Attorney General shall be required to adjust the status of an eligible alien
described in subsection (b) of this section to that of an alien lawfully
admitted for permanent residence if the alien meets the following
requirements:
(A) APPLICATION PERIOD- The alien must file with the
Attorney General an application for such adjustment during the 12-
month period beginning on the date on which the Attorney General
issues final regulations to implement this section.
(B) CONTINUOUS UNLAWFUL RESIDENCE-
(i) IN GENERAL- The alien must establish that the alien
entered the United States before January 1, 1982, and that
he or she has resided continuously in the United States in
an unlawful status since such date and through May 4,
1988. In determining whether an alien maintained
continuous unlawful residence in the United States for
purposes of this subparagraph, the regulations prescribed
by the Attorney General under section 245A(g) of the
Immigration and Nationality Act that were most recently in
effect before the date of the enactment of this Act shall
apply.
(ii) NONIMMIGRANTS- In the case of an alien who
entered the United States as a nonimmigrant before January
1, 1982, the alien must establish that the alien's period of
authorized stay as a nonimmigrant expired before such date
through the passage of time or the alien's unlawful status
was known to the Government as of such date.
(iii) EXCHANGE VISITORS- If the alien was at any time
a nonimmigrant exchange alien (as defined in section
101(a)(15)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(J)), the alien must establish that the
alien was not subject to the two-year foreign residence
requirement of section 212(e) of such Act or has fulfilled
that requirement or received a waiver thereof.
(iv) CUBAN AND HAITIAN ENTRANTS- For purposes
of this section, an alien in the status of a Cuban and Haitian
entrant described in paragraph (1) or (2)(A) of section
501(e) of Public Law 96-422 shall be considered to have
entered the United States and to be in an unlawful status in
the United States.
(C) CONTINUOUS PHYSICAL PRESENCE-
(i) IN GENERAL- The alien must establish that the alien
was continuously physically present in the United States
during the period beginning on November 6, 1986, and
ending on May 4, 1988, except that--
(I) an alien shall not be considered to have failed to
maintain continuous physical presence in the United
States for purposes of this subparagraph by virtue of
brief, casual, and innocent absences from the United
States; and
(II) brief, casual, and innocent absences from the
United States shall not be limited to absences with
advance parole.
(ii) ADMISSIONS- Nothing in this section shall be
construed as authorizing an alien to apply for admission to,
or to be admitted to, the United States in order to apply for
adjustment of status under this section or section 245A of
the Immigration and Nationality Act.
(D) ADMISSIBLE AS IMMIGRANT- The alien must establish
that the alien--
(i) is admissible to the United States as an immigrant,
except as otherwise provided under section 245A(d)(2) of
the Immigration and Nationality Act;
(ii) has not been convicted of any felony or of three or more
misdemeanors committed in the United States;
(iii) has not assisted in the persecution of any person or
persons on account of race, religion, nationality,
membership in a particular social group, or political
opinion; and
(iv) is registered or registering under the Military Selective
Service Act, if the alien is required to be so registered
under that Act.
(E) BASIC CITIZENSHIP SKILLS-
(i) IN GENERAL- The alien must demonstrate that the
alien either--
(I) meets the requirements of section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a))
(relating to minimal understanding of ordinary
English and a knowledge and understanding of the
history and government of the United States); or
(II) is satisfactorily pursuing a course of study
(recognized by the Attorney General) to achieve
such an understanding of English and such a
knowledge and understanding of the history and
government of the United States.
(ii) EXCEPTION FOR ELDERLY OR
DEVELOPMENTALLY DISABLED INDIVIDUALS-
The Attorney General may, in the discretion of the
Attorney General, waive all or part of the requirements of
clause (i) in the case of an alien who is 65 years of age or
older or who is developmentally disabled.
(iii) RELATION TO NATURALIZATION
EXAMINATION- In accordance with regulations of the
Attorney General, an alien who has demonstrated under
clause (i)(I) that the alien meets the requirements of section
312(a) of the Immigration and Nationality Act may be
considered to have satisfied the requirements of that section
for purposes of becoming naturalized as a citizen of the
United States under title III of such Act.
(3) TEMPORARY STAY OF REMOVAL, AUTHORIZED TRAVEL,
AND EMPLOYMENT DURING PENDENCY OF APPLICATION-
In
lieu of subsections (b)(3) and (e)(2) of such section 245A, the Attorney
General shall provide that, in the case of an eligible alien described in
subsection (b) of this section who presents a prima facie application for
adjustment of status to that of an alien lawfully admitted for permanent
residence under such section 245A during the application period described
in paragraph (2)(A), until a final determination on the application has been
made--
(A) the alien may not be deported or removed from the United
States;
(B) the Attorney General shall, in accordance with regulations,
permit the alien to return to the United States after such brief and
casual trips abroad as reflect an intention on the part of the alien to
adjust to lawful permanent resident status and after brief temporary
trips abroad occasioned by a family obligation involving an
occurrence such as the illness or death of a close relative or other
family need; and
(C) the Attorney General shall grant the alien authorization to
engage in employment in the United States and provide to that
alien an `employment authorized' endorsement or other appropriate
work permit.
(4) APPLICATIONS- Paragraphs (1) through (4) of subsection (c) of such
section 245A shall not apply.
(5) CONFIDENTIALITY OF INFORMATION- Subsection (c)(5) of such
section 245A shall apply to information furnished by an eligible alien
described in subsection (b) pursuant to any application filed under such
section 245A or this section, except that the Attorney General (and other
officials and employees of the Department of Justice and any bureau or
agency thereof) may use such information for purposes of rescinding,
pursuant to section 246(a) of the Immigration and Nationality Act (8
U.S.C. 1256(a)), any adjustment of status obtained by the alien.
(6) USE OF FEES FOR IMMIGRATION-RELATED UNFAIR
EMPLOYMENT PRACTICES- Notwithstanding subsection (c)(7)(C) of
such section 245A, no application fee paid to the Attorney General
pursuant to this section by an eligible alien described in subsection (b) of
this section shall be available in any fiscal year for the purpose described
in such subsection (c)(7)(C).
(7) TEMPORARY STAY OF REMOVAL AND WORK
AUTHORIZATION FOR CERTAIN APPLICANTS BEFORE
APPLICATION PERIOD-
In lieu of subsection (e)(1) of such section
245A, the Attorney General shall provide that in the case of an eligible
alien described in subsection (b) of this section who is apprehended before
the beginning of the application period described in paragraph (2)(A) and
who can establish a prima facie case of eligibility to have his status
adjusted under such section 245A pursuant to this section (but for the fact
that he may not apply for such adjustment until the beginning of such
period), until the alien has had the opportunity during the first 30 days of
the application period to complete the filing of an application for
adjustment, the alien--
(A) may not be deported or removed from the United States; and
(B) shall be granted authorization to engage in employment in the
United States and be provided an `employment authorized'
endorsement or other appropriate work permit.
(8) JURISDICTION OF COURTS- Effective as of November 6, 1986,
subsection (f)(4)(C) of such section 245A shall not apply to an eligible
alien described in subsection (b) of this section.
(9) PUBLIC WELFARE ASSISTANCE- Subsection (h) of such section
245A shall not apply.

(d) APPLICATIONS FROM ABROAD- The Attorney General shall establish a
process under which an alien who has become eligible to apply for adjustment of
status to that of an alien lawfully admitted for permanent residence as a result of
the enactment of this section and who is not physically present in the United
States may apply for such adjustment from abroad.

(e) DEADLINE FOR REGULATIONS- The Attorney General shall issue
regulations to implement this section not later than 120 days after the date of the
enactment of this Act.

(f) ADMINISTRATIVE AND JUDICIAL REVIEW-The provisions of
subparagraphs (A) and (B) of section 245A(f)(4) of the Immigration and
Nationality Act (8 U.S.C. 1255a(f)(4)) shall apply to administrative or judicial
review of a determination under this section or of a determination respecting an
application for adjustment of status under section 245A of the Immigration and
Nationality Act filed pursuant to this section.

(g) DEFINITION- For purposes of this section, the term `such section 245A'
means section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a).

(1) IN GENERAL.--Paragraph (1) of section 245(i) of the Immigration and
Nationality Act (8 U.S.C. 1255(i)) is amended--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B)(i), by striking ``January 14, 1998'' and inserting ``April 30,
2001'';
(C) in subparagraph (B), by adding ``and'' at the end; and
(D) by inserting after subparagraph (B) the following new subparagraph:
``(C) who, in the case of a beneficiary of a petition for classification, or an application
for labor certification, described in subparagraph (B) that was filed after January 14,
1998, is physically present in the United States on the date of the enactment of the LIFE
Act Amendments of 2000;''.
(2) MODIFICATION IN USE OF FUNDS.--Paragraph (3)(B) of such section is
amended by inserting before the period the following: ``, except that in the case of fees
attributable to applications for a beneficiary with respect to whom a petition for
classification, or an application for labor certification, described in paragraph (1)(B) was
filed after January 14, 1998, one-half of such remaining portion shall be deposited by the
Attorney General into the Immigration Examinations Fee Account established under
section 286(m)''.

(b) CONFORMING AMENDMENTS.--

(1) Subsection (m) of section 245 of the Immigration and Nationality Act, as added by
section 1102(c) of the Legal Immigration Family Equity Act, is repealed.
(2) Section 245 of the Immigration and Nationality Act, as amended by section
1102(d)(2) of the Legal Immigration Family Equity Act, is amended by striking ``or (m)''
each place it appears.

SEC. 1503. MODIFICATION OF SECTION 1104 ADJUSTMENT
PROVISIONS.

(a) INCLUSION OF ADDITIONAL CLASS.--Section 1104(b) of the Legal
Immigration Family Equity Act is amended--

(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) Zambrano v. INS, vacated sub nom. Immigration and Naturalization Service v.
Zambrano, 509 U.S. 918 (1993).''.

(b) CONFORMING APPLICATION OF CONSENT PROVISION.--

Section
1104(c) of the Legal Immigration Family Equity Act is amended by adding at the end the
following new paragraph:
``(10) CONFORMING APPLICATION OF CONSENT PROVISION.--In addition
to the waivers provided in subsection (d)(2) of such section 245A of the Immigration and
Nationality Act, the Attorney General may grant the alien a waiver of the grounds of
inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act (8
U.S.C. 1182(a)(9)). In granting such waivers, the Attorney General shall use standards
used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section.''.

(c) INAPPLICABILITY OF REMOVAL ORDER REINSTATEMENT.--Section
1104 of such Act is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection:
``(g) INAPPLICABILITY OF REMOVAL ORDER REINSTATEMENT.--
Section 241(a)(5) of the Immigration and Nationality Act shall not apply with respect to
an alien who is applying for adjusmtent of status under this section.''.

SEC. 1504. APPLICATION OF FAMILY UNITY PROVISIONS TO SPOUSES
AND UNMARRIED CHILDREN OF CERTAIN LIFE ACT BENEFICIARIES.

(a) IMMIGRATION BENEFITS.--Except as provided in subsection (d), in the case
of an eligible spouse or child (as described in subsection (b)), the Attorney General--
(1) shall not remove the alien on a ground specified in paragraph (1)(A), (1)(B), (1)(C),
or (3)(A) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)),
other than so much of paragraph (1)(A) of such section as relates to a groundof
inadmissibility described in paragraph (2) or (3) of section 212(a) of such Act (8 U.S.C.
1182(a)); and
(2) shall authorize the alien to engage in employment in the United States during the
period of time in which protection is provided under paragraph (1) and shall provide the
alien with an ``employment authorized'' endorsement or
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other appropriate document signifying authorization of employment.

(b) ELIGIBLE SPOUSES AND CHILDREN.--For purposes of this section, the term
``eligible spouse or child'' means an alien who is the spouse or unmarried child of an
alien described in section 1104(b) of the Legal Immigration Family Equity Act if the
spouse or child--
(1) entered the United States before December 1, 1988; and
(2) resided in the United States on such date.

(c) PROCESS FOR RELIEF FOR ELIGIBLE SPOUSES AND CHILDREN
OUTSIDE THE UNITED STATES.
If an alien has obtained lawful permanent
resident status under section 1104 of the Legal Immigration Family Equity Act and the
alien has an eligible spouse or child who is no longer physically present in the United
States, the Attorney General shall establish a process under which the eligible spouse or
child may be paroled into the United States in order to obtain the benefits of subsection
(a) unless the Attorney General finds that the spouse or child would be inadmissible or
deportable on any ground, other than a ground for which the alien would not be subject to
removal under subsection (a)(1). An alien so paroled shall not be treated as paroled into
the United States for purposes of section 201(c)(4) of the Immigration and Nationality
Act (8 U.S.C. 1151(c)(4)).

(d) EXCEPTION.--An alien is not eligible for the benefits of this section if the
Attorney General finds that--
(1) the alien has been convicted of a felony or three or more misdemeanors in the
United States; or
(2) the alien is described in section 241(b)(3)(B) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)(3)(B)).

(e) APPLICATION OF DEFINITIONS.--Except as otherwise specifically provided
in this section, the definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section.

SEC. 1505. MISCELLANEOUS AMENDMENTS TO VARIOUS ADJUSTMENT
AND RELIEF ACTS.

(a) NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF
ACT.--

(1) IN GENERAL.--Section 202(a) of the Nicaraguan Adjustment and Central
American Relief Act is amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new paragraph:
``(2) RULES IN APPLYING CERTAIN PROVISIONS.--In the case of an alien
described in subsection (b) or (d) who is applying for adjustment of status under this
section--
``(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act shall
not apply; and
``(B) the Attorney General may grant the alien a waiver of the grounds of
inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act.
In granting waivers under subparagraph (B), the Attorney General shall use standards
used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section
212(a)(9).''.

(2) PERMITTING MOTION TO REOPEN. Notwithstanding any time and number
limitations imposed by law on motions to reopen exclusion, removal, or deportation
proceedings (except limitations premised on an alien's conviction of an aggravated felony
(as defined by section 101(a) of the Immigration and Nationality Act)), a national of
Cuba or Nicaragua who has become eligible for adjustment of status under the
Nicaraguan Adjustment and Central American Relief Act as a result of the amendments
made by paragraph (1), may file one motion to reopen exclusion, deportation, or removal
proceedings to apply for such adjustment under that Act. The scope of any proceeding
reopened on this basis shall be limited to a determination of the alien's eligibility for
adjustment of status under that Act. All such motions shall be filed within 180 days of the
date of the enactment of this Act.

(b) HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.--
(1) INAPPLICABILITY OF CERTAIN PROVISIONS.--Section 902(a) of the
Haitian Refugee Immigration Fairness Act of 1998 is amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new paragraph:
``(2) INAPPLICABILITY OF CERTAIN PROVISIONS.--In the case of an alien
described in subsection (b) or (d) who is applying for adjustment of status under this
section--
``(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act shall
not apply; and
``(B) the Attorney General may grant the alien a waiver of the grounds of
inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act.
In granting waivers under subparagraph (B), the Attorney General shall use standards
used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section
212(a)(9).''.

(2) PERMITTING MOTION TO REOPEN.--Notwithstanding any time and number
limitations imposed by law on motions to reopen exclusion, removal, or deportation
proceedings (except limitations premised on an alien's conviction of an aggravated felony
(as defined by section 101(a) of the Immigration and Nationality Act)), a national of Haiti
who has become eligible for adjustment of status under the Haitian Refugee Immigration
Fairness Act of 1998 as a result of the amendments made by paragraph (1), may file one
motion to reopen exclusion, deportation, or removal proceedings to apply for such
adjustment under that Act. The scope of any proceeding reopened on this basis shall be
limited to a determination of the alien's eligibility for adjustment of status under that Act.
All such motions shall be filed within 180 days of the date of the enactment of this Act.
(c) SECTION 309 OF IIRIRA.--Section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 is amended by adding at the end the following new
subsection:
``(h) RELIEF AND MOTIONS TO REOPEN.--
``(1) RELIEF.--An alien described in subsection (c)(5)(C)(i) who is otherwise eligible
for--
``(A) suspension of deportation pursuant to section 244(a) of the Immigration and
Nationality Act, as in effect before the title III-A effective date; or
``(B) cancellation of removal, pursuant to section 240A(b) of the Immigration and
Nationality Act and subsection (f) of this section;
shall not be barred from applying for such relief by operation of section 241(a)(5) of the
Immigration and National Act, as in effect after the title III-A effective date.
``(2) ADDITIONAL MOTION TO REOPEN PERMITTED.--Notwithstanding any
limitation imposed by law on motions to reopen removal or deportation proceedings
(except limitations premised on an alien's conviction of an aggravated felony (as defined
by section 101(a) of the Immigration and Nationality Act)), any alien who is described in
subsection (c)(5)(C)(i) and who has become eligible for cancellation of removal or
suspension of deportation as a result of the enactment of paragraph (1) may file one
motion to reopen removal or deportation proceedings in order to apply for cancellation of
removal or suspension of deportation. The scope of any proceeding reopened on this
basis shall be limited to a determination of the alien's eligibility for cancellation of
removal or suspension of deportation. The Attorney General shall designate a specific
time period in which all such motions to reopen are required to be filed. The period shall
begin not later than 60 days after the date of the enactment of this subsection and shall
extend for a period not to exceed 240 days.
``(3) CONSTRUCTION.--Nothing in this subsection shall preclude an alien from
filing a motion to reopen pursuant to section 240(b)(5)(C)(ii) of the Immigration and
Nationality Act, or section 242B(c)(3)(B) of such Act (as in effect before the title III-A
effective date).''.

SEC. 1506. EFFECTIVE DATE.

This title shall take effect as if included in the enactment of the Legal Immigration Family Equity Act.